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Texas PUC Commissioner: "Makes No Sense" That REPs Subject To Same Emergency Operations Plan Requirements As TDUs

September 13, 2024

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Copyright 2024 EnergyChoiceMatters.com
Reporting by Paul Ring • ring@energychoicematters.com

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During a Texas PUC discussion of an analysis of emergency operations plans required to be developed and filed by various entities in the electric industry and an emergency preparedness report due to the Lt. Governor, Texas PUC Commissioner Jimmy Glotfelty said that it "makes no sense" for retail electric providers to be subject to the same emergency operations plan (EOP) obligations as utilities

Glotfelty noted that the statute creating the EOP obligation applies to retail electric providers in exactly the same way as it applies to a transmission and distribution utility

"That makes no sense to me," Glotfelty said

The TDU, Glotfelty said, is most important from an emergency preparedness standpoint, while the REP has few facilities that require the same kind of EOP for security of the market

A representative for a consultant retained by the PUC to review the filed EOPs and compliance with the EOP obligation rules agreed that REPs and utilities should "absolutely" be treated differently with respect to EOP obligations, given the different nature of their resources

Glotfelty suggested tailoring EOP requirements towards the specific type of entity

PUC Staff noted that, in implementing the statute, the PUC did adopt some different requirements for REP and TDU EOPs such that REPs don't have all of exactly the same requirements as utilities

Even with the PUC's EOP rule adopting different requirements for REPs and TDUs, REPs, in commenting on provisions of the rule which were ultimately adopted as they related to REPs, had expressed concern that the rule "significantly and unnecessarily" adds requirements for REPs, with REPs requesting that the rules not be "overly burdensome".

The statute (Tex. Util. Code §186.007) merely provides that REPs shall be among the entities required to have an EOP, but otherwise does not mandate any specific content or requirements for such EOPs, and does not mandate that all EOPs shall have the same content or meet the same requirements

See the requirements of a REP EOP in our prior story here

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